RULES AND REGULATIONS

Transcription

1 1 Changes are in Bold Page 1 of 11 RULES AND REGULATIONS The following Rules and Regulations have been established for the benefit of all members of Tahoe Beach & Ski Club Owner s Association ( Vacation Plan Owner ). All of these Rules and Regulations are established by and subject to change by the Board of Directors of the Association, as the authority is vested under the Declaration of Vacation Plan of Tahoe Beach & Ski Club (the Declaration ). In the event there is a conflict between the Declaration and the Rules and Regulations, the Declaration shall prevail. I. DEFINITIONS The terms used in these Rules and Regulations which are defined terms in the Declaration, shall have the same meanings set forth in the Declaration. To assist you in reading these Rules and Regulations, some of the definitions contained in the Declaration are repeated or paraphrased below. Several definitions not contained in the Declaration are also included. 1. Association shall mean Tahoe Beach & Ski Club Owner s Association whose members are Vacation Plan Owners. 2. Use Week shall mean one of the numbered one (1)-week periods commencing at Check in Time (no earlier than 4:00 p.m.) and ending at Check out Time (no later than 11:00 a.m.) as designated on the Use Week Calendar. 3. Use Year shall mean, with respect to an Original Vacation Plan or a Regular Vacation Plan, a calendar year, commencing January 1 st. With respect to a Biennial Vacation Plan, Use year shall mean the alternate one (1)-calendar year period commencing in either an even-numbered or odd-numbered calendar year, depending upon the Owner s choice at the time the Biennial Vacation Plan was purchased. Each Biennial Vacation Plan entitles its Owner to only one (1) Use Week every two (2) calendar years. 4. Permitted User means any person whom you permit to occupy a Vacation Plan Unit during your Use Period. 5. Owner s Unit Type means the floor plan and/or accommodations associated with each of the Units as stated in 1.37 of the Vacation Plan, and is the type of Vacation Plan Unit you may reserve for use during your Owner s Season if you follow the reservations procedure set forth below. 6. Reservations System refers to The Reservations Services employed by the Association. II. AMENDMENTS The Homeowners Association Board may amend these Rules and Regulations from time to time, at its discretion, or at the written request of the majority of homeowners.

2 2 III. VIOLATIONS Your failure to abide by the Rules and Regulations or the terms and conditions contained in the Declaration may result in fines and/or suspension of your rights and privileges as a Vacation Plan Owner subject to the Declaration. See addendum Exhibit A TBSC Homeowner Association Fining Policy. IV. SOLICITATION No industry, business, trade, occupation or profession of any kind, including commercial, religious, educational or otherwise, other than those conducted by the HOA or otherwise expressly permitted by the board of directors, shall be permitted. Absolutely no solicitation shall be permitted at the resort, unless specifically authorized in writing by the board of directors or the resort general manager. V. RESERVATION BY VACATION PLAN OWNERS Subject to all the terms and conditions contained in the Declaration and in these Rules and Regulations, you have the right for each Vacation Plan owned by you, during each of your Owner s Use Years, to use and occupy a Vacation Plan Unit which is of the same Unit Type as your Owner s Unit Type for seven (7) consecutive nights, provided you have reserved such use and occupancy in accordance with the following: A) Reservations shall be honored on a first-come, first-serve basis. B) Requests for reservations can be made by reservation request card, telephone, or online on the Wednesday beginning 24 months prior to the requested time. Reservation request cards are available and will be provided by the Reservation Department. Fax and in person reservations are not allowed. In addition, your request should contain a first, second, and third preference for your Use Period. Remember, the earlier you make the reservation, the better opportunity you have of receiving your preferred week(s). Reservation telephone requests must be made by dialing the Reservation Department at Reservation request cards do not take precedence over telephone requests. Reservation request cards received more than one week prior to the first day of booking will be returned. C) Reservations will be booked for your Use Week based on a calendar year commencing January 1 st. D) High season and Swing season owners will be allowed to book unreserved reservation time in Prime season for an upgrade fee. The reservation may be requested 90 days prior to arrival in Studio, one Bedroom and Townhouse units only. E) Specific unit requests are not guaranteed. If you make a request for a specific unit, they are assigned based on the date and time the reservation was made. Reservations booked first receive first consideration for unit requests. Specific unit number

3 3 assignments will not be provided prior to check in. Reservations without unit requests will be randomly assigned available units. All unit assignments are done at the resort only, with the exception of handicapped units. If you request a unit assignment change during your stay, a fee will be required. F) Reservation requests will not be accepted if you are not current in any charges to the Association. G) If an owner requests to change the dates on their reservation, the original reservation will be cancelled and a new reservation will be made. Since reservations booked first receive first consideration for unit requests, all unit requests on the new reservation will move down the priority list. H) A reservation by an individual owner for a Use Period may not be made earlier than 2 years prior to the first day of the Use Period sought to be reserved. I) You may not make a reservation if there is another reservation outstanding in your name with respect to the same Vacation Plan, for the same Use Year. J) A reservation for a FULL WEEK Use Period shall be honored only on a Friday-to- Friday or Saturday-to-Saturday based on your unit type. Early departure will constitute forfeiture of the unused confirmed time. K) A reservation for a SPLIT WEEK Use Period shall be honored under the following conditions: 1. Only 5 day/2 day or 4 day/3 day requests may be made. 2. You may repeat any days of the week except Friday and Saturday. 3. Payment of an Administrative split week fee will be collected upon booking a Reservation. A cleaning fee will be collected upon checkout at the Resort on the second portion of the split week. 4. Split time may not be used for exchange. 5. Must be used within calendar year. 6. No mid-stay cleaning is provided. L) Your reservation request must be confirmed by Reservations before it becomes valid. Confirmation of reservations will be made by Reservations in writing or via . Reservation requests which cannot be confirmed more than six (6) days prior to the commencement date of the Use Period may be confirmed by telephone. M) You may cancel your reserved Use Period, without penalty, by giving notice at least 14 days prior to check in time of the first day of the entire Use Period for which the reservation was made.

4 4 N) Blue Check in Day Rule: Owners have 48 hours from their scheduled check-in day to either check in or notify the resort that they are arriving late. Should the owner not notify the resort and not check in by the end of the 48 hours, the resort has the right to release the balance of the owner s week. Any net revenue that is generated goes to the Association, which helps offset costs and make full use of available space. The owner does not receive any compensation for any portion of the week they did not use. O) The Association may reserve seven (7) nights and days, not necessarily consecutive, during each Use Year as a service period for each Vacation Plan Unit. During the period, the Association may maintain, refurbish, and/or repair the Vacation Plan Unit as necessary. The Association shall determine which days and nights will be contained within the service period for each Vacation Plan Unit, which determination may be changed from time to time. No reservation for a Vacation Plan unit shall be accepted during the service period for each Vacation Plan Unit. P) In the event reservation requests are received by Central Reservations at approximately the same time and cannot all be confirmed for a particular Use Period, Central Reservations shall confirm reservations on a first-come, first-serve basis. Q) In the event you use fewer than seven (7) nights of your Use Period, you will still be considered to have used your entire Use Period for that Use Year. If any of your seven (7) nights are not used in any Use Year, there shall be no accrual or carry-over of unused time. R) Prior to your arrival at Tahoe Beach & Ski Club, you must be current on any charges to the Association or you will not be permitted to occupy your assigned Vacation Plan Unit until all monies owed are paid current. S) If you are a member of Resort Condominiums International ( RCI ) or another exchange company and you intend to Exchange your Use Period, please consult your exchange company directory or membership materials for the trading rules which govern reservation exchange requests. You must first make your Use Period reservation prior to depositing with RCI. T) Exchange reservations and confirmations must be in the name of the occupant of the unit(s) or have a valid guest certificate. U) Exchange reservations cannot be rented to a third party. VI. BONUS TIME Subject to availability and all terms and conditions contained in the Declaration and in these Rules and Regulations, you have the right to use and occupy a Vacation Plan Unit for time periods other than your seven (7) nights per Vacation Plan owned by you, provided you have reserved such use and occupancy ( Bonus Time ) in accordance with the following procedures:

5 5 A) Bonus Time reservations may be made no more than 30 days prior to 6:00 a.m. on the day which begins your Bonus Use Period. Reservations for Bonus Time are subject to availability. Availability is based on unreserved Owner Use Time. B) Bonus Time reservations can be made for a maximum of seven (7) nights consecutively per reservation for each vacation plan owned, subject to availability. Bonus Time cannot be reserved to run concurrently with owner use week reservations. C) Reservations for Bonus Time shall be honored on a first-come, first-serve basis and may be made by telephone or mail. An advance deposit is required when making a Bonus Time reservation. D) Once your Bonus Time reservation has been confirmed and you fail to occupy your reserved Bonus Time Unit, you will be billed for the confirmed Bonus Time charges, unless the reservation is canceled a minimum of 48 hours notice prior to 6:00am on the day which begins your confirmed Bonus Time Period. E) The cost of Bonus Time is set by Tahoe Beach & Ski Club Owners Association and Board of Directors and can be changed by the Board of Directors. Revenue generated by Bonus Use of Vacation Plan Units shall be deposited in the General Account of the Association. F) Reservation requests for Bonus Time will not be considered if you are not current on all charges to the Association. G) Bonus Time shall be available only to Vacation Plan Owners, as identified on their respective Grant Deeds of Vacation Plan. Bonus Time shall be available solely to enhance your recreational enjoyment of your Vacation Plan, and not for business purposes. Bonus Time cannot be rented to a third party by the owner. VII. DAY USE POLICY Day Use is limited to deeded owners only. A maximum of six persons per Vacation Plan owned. Owner must be present for day use. A) You are required to check in at the Front Desk to be issued one (1) Day Use Parking Pass and one (1) Key Pass. Vehicles cannot be left on property overnight. Owners must present a valid driver s license or state issued ID that will be held at the Front Desk until the day use key and parking pass have been returned. B) Full Day Use privileges will be limited to a maximum of 20 Vacation Plan Owners per day. Exceptions, based on management s discretion, can be made.

6 6 C) Owners on Day Use during holiday periods must park off site and are required to check in at the Front Desk to be issued an ID Bracelet. Rules for number of ID wristbands will be determined by management. D) You must be current on any charges to the Association or you will not be permitted to use Day Use. E) An adult owner 18 years of age or older must be present for Day Use. F) Daily activity functions are for the exclusive use of in-house owners and their guests. VIII. UNTIMELY RESERVATION REQUESTS A Vacation Plan Owner s untimely request for occupancy shall be honored unless every Vacation Plan Unit of such Vacation Plan Owner s Unit type has been reserved by a Vacation Plan Owner or rented to a member of the general public prior to Central Reservations receipt of such Vacation Plan Owner s reservation request. IX. CHECK IN AND CHECK OUT: SERVICE PERIOD Check in time shall commence at 4:00 p.m. and check out time shall be no later than 11:00 a.m. The five (5) hour period from 11:00 a.m. (check out time) to 4:00 p.m. (check in time) between Use Periods is reserved exclusively as a service period for the cleaning, repair and maintenance of the Vacation Plan Unit. Owners must not disrupt Housekeeping staff on their designated check in day. Owners will not enter their assigned unit prior to official check in with the Front Desk or may be subject to fines. A photo ID and a credit card, debit card or cash deposit are required at check in. X. FAILURE TO VACATE If you or your Permitted User fails to vacate a Vacation Plan Unit at the end of your Use Period, such failure to vacate may result in the severe consequences set forth in the Declaration Article II XI. CARE OF INTERIOR FURNISHINGS AND EQUIPMENT When you or a Permitted User uses an assigned Vacation Plan Unit, you, the Vacation Plan Owner, are responsible for any damages done to the Vacation Plan Unit and its furnishings during your Use Period, other than normal wear and tear. Any charges or fines for damages or loss will be added to your bill at checkout time or will be billed directly to you or charged to your owner master account. Non-payment of such a charge will be cause for suspension of use privileges until such charge has been paid. You should report any damage or deterioration of your assigned Vacation Plan Unit or its common furnishings to the Front

7 7 Desk as soon as possible after checking in. All Vacation Plan Owners and their Permitted Users shall be responsible for removing all their personal property from their assigned Vacation Plan Unit(s) at check out time. The Association is not responsible for personal property left behind by an owner or their guests. No pets shall be allowed on property except for Service Animals. XII. BUILDING OR FURNITURE MODIFICATIONS No structural changes, reorganization or removal of furniture, wall hangings, or floor coverings or redecoration of any type within the assigned Vacation Plan Unit or other areas of the property are permitted to be made by a Vacation Plan Owner. Hanging towels or clothing on balconies or railings is prohibited. XIII. MAID SERVICE Maid service is provided without additional charge to assure that your assigned Vacation Plan Unit(s) will be clean and neat upon your arrival if staying for a full week. One mid-week cleaning with towel and sheet exchange is provided without additional charge. Replenishment of in room supplies is limited to paper products only. This service is not provided on split weeks. Daily towels, at no additional charge, are available by exchanging soiled towels at a specified location as determined by management. Additional maid service will be available to you upon request for an additional charge at the then current rate. A charge shall also be made for maid service required by reason of your or your Permitted User misuse or damage occurring during occupancy of a Vacation Plan Unit. Charges for such additional maid service shall be payable upon departure. Room towels are not to be removed from the room for personal use. Pool or beach towels will be supplied in your unit. A fee may be imposed if pool towels are not left in your unit upon your departure. Additional pool/beach towels are available at a location designated by management. XIV. ESTABLISHMENT OF CHARGING PRIVILEGES To establish charging privileges for the duration of your or your guest s stay, regarding miscellaneous items such as telephone calls, Transient Occupancy Taxes, movie rental, activity fees, and items purchased at the Resort, and so forth, you must post a credit card, debit card authorization or cash deposit at check-in time. The credit card or debit card must be in the name of the occupant of the unit. All items or service charges incurred by the occupant of the unit are room charge only and must be paid at check out. The name of the occupant of the unit and the credit card on file must match and only those person(s) are allowed to incur charges to the unit.

8 8 XV. INVENTORY OF INTERIOR FURNISHINGS AND EQUIPMENT In your unit there will be an inventory list for your review. If you or your Permitted User find any items missing or damaged, they must be immediately reported to the Front Desk or you may be charged for said items. Thus, you should make a careful inventory using the inventory list provided to you to protect yourself from unwarranted charges. During your use and occupancy of your assigned Vacation Plan Unit, please report any damage or loss of any items of the common furnishings to Management as soon as possible. XVI. DAMAGES Any damages caused by Owner or his or her Permitted User will be the responsibility of the Owner. XVII. VALUABLES Safe deposit boxes are available at the Front Desk for storing valuables and cash. The Association and Management Company will not be responsible for items missing due to theft or loss. The Association or Management Company will not be responsible for loss or damage to owners or their guest s vehicles or contents of their vehicles. XVIII. PASS KEY The Manager is provided with a pass key to all rooms. In case of emergency, the Manager or employees of the resort may enter your Vacation Plan Unit, and, in such case, shall notify you, as soon as reasonably possible, of the reason for such entry. XIX. SAFETY AND HEALTH RULES A) The Association reserves the right to establish specific rules governing potentially loud or disturbing activities. B) No pets shall be allowed on property except for Service Animals. Owners and guests may not leave animals in their vehicles at any time while on resort property. C) For the health and safety of all owners and guests, smoking is not allowed in common areas, units, patios and/or balconies. Common areas include but are not limited to all interior of buildings, courtyards, pool, hot tubs, and the beach. Smoking is allowed at outside designated areas only. Please see property map for location of designated smoking areas. D) No running in hallways or stairwells.

9 9 E) Audio and video surveillance will be conducted in certain portions of common areas at the resort. F) Glass containers are not allowed at pool/spas areas. XX. STORAGE The Manager, Association and/or Management Company shall not be responsible for any belongings left by you or your Permitted User at the expiration of your Use Period. No storage of your personal items on the property is allowed when you are not occupying your Vacation Plan Unit, without prior written permission of the Management Company. XXI. POOLS, SPAS, SAUNA, TAHOE ROOM, FITNESS CENTER, & BEACH A) Children under fourteen (14) years of age are not permitted to use the Pool, Sauna, Spa or Fitness Center unless accompanied by a responsible adult 18 years of age or older. Management recommends that children 13 and under do not use any of the exercise equipment. No tents or large sunshades are allowed on the beach. Personal size beach umbrellas are permitted. Music must be kept at a low level. B) Glass containers are not allowed at pool/spas areas. C) You and your guests acknowledge that the use of any and all of the recreational equipment onsite is at your own risk and that you and your guests agree to hold harmless the Association, its agents and employees from any injury that may result from the use of the equipment. XXII. CONTROL OF CHILDREN Parents shall be responsible for the conduct of their children. Unsupervised children will not be permitted to play in any common areas to include but not limited to the Tahoe Room, Fitness Center, corridors, stairways, or lobby. A) Failure to supervise your children will result in fines as stated in the attached fining policy. B) Running in hallways or stairwells is prohibited. C) No skateboarding, in-line skating or use of scooters on Resort property. XXIII. MAXIMUM OCCUPANCY Based on the Declaration of Vacation Plan Article 2.4, the maximum allowable occupancy for a Studio Unit is two (2) persons, a One-Bedroom Unit is four (4) persons, a Deluxe One-

10 10 Bedroom Unit is four (4) persons, a Townhouse Unit is four (4) persons, a Two-Bedroom Unit is six (6) persons, and the Cabin is six (6) persons. One parking pass per unit. Two Bedroom and Cabin units are allowed two parking passes. Additional passes will be provided based on availability and discretion of management. XXIV. GUESTS A) Every guest residing at Tahoe Beach & Ski Club must register with the Front Desk. Our insurance precludes occupancy of a unit by a minor without the presence of a responsible adult 18 years of age or older who would supervise the health and safety of said minor(s). You may lend your Use Period to others and may invite guests to share occupancy of your assigned Vacation Plan Unit during your Use Period(s), provided that the maximum allowable occupancy limits are not exceeded. Bonus Time can only be used by a deeded Vacation Plan Owner. A deeded Vacation Plan Owner must be present at check-in. B) The Management will not give access to any Vacation Plan Unit use week without written permission from the Vacation Plan Owner in whose name there is a confirmed reservation. The Owner shall acknowledge that he has advised the guest(s) of our Rules and Regulations in writing. If you intend to allow a guest to use your reserved Use Period, you must inform the Association in writing prior to the first day of the Use Period reserved. Please indicate the name(s), phone number(s) and address of the guest(s). Upon check in, owners and guests will be required to show proof of identification, a credit card, debit card, or cash deposit, and sign a registration card. If, during the course of your occupancy, you have guests other than those residing with you, they must be registered at the Front Desk if they are going to use the amenities of the resort. Guests will be issued a key pass. Parking permits will be issued based on availability. Additional passes will be provided based on availability and discretion of management. VEHICLES WITHOUT PARKING PERMITS WILL BE TOWED AWAY AT OWNERS EXPENSE. XXV. BOATS/TRAILERS Parking or storage of motorized or non-motorized boats, personal watercrafts, canoes, kayaks or any type of trailers is prohibited at Tahoe Beach & Ski Club. You may not park your motorized or non-motorized, boat or other personal watercraft on the beach or within 60 feet of shore. XXVI. MOBILE HOME/TRAVEL TRAILERS/CAMPERS All vehicles used for overnight habitation are not permitted to park on Tahoe Beach & Ski Club property. XXVII. RESORT EMPLOYEES Resort employees may not accept any gifts, gratuities and/or cash in exchange for the manipulation of the rules and regulations or any other inappropriate activity that may be contrary to the best interests of the Tahoe Beach & Ski Club membership and all other resort

11 11 guests. This section is not meant to discourage gratuities to employees for superior service. Employees are required to report gifts or gratuities in accordance with current employee policies and procedures. Exhibit A: Tahoe Beach & Ski Club Homeowner Association Fining Policy This policy is designed to permit reasonable fines associated with a homeowner s or a guest s flagrant violations of the Rules and Regulations of the Association. Management may, by consent of the Board of Directors, levy reasonable fines against a Member and/or their guests for any flagrant violation of the Rules and Regulations. In the event of a violation and fine, the member will be notified in writing. In the event of a violation and subsequent fine imposed, the Member shall be entitled to a hearing before a BOD designated committee to contest the violation and/or fine. Any fines shall be the personal obligation of the owner and shall be posted to their individual owner account if not paid upon check out at the resort. The Member shall be liable for all fees incurred by the Association, including attorney fees, for collection of the fine. The Association will apply all payments by the Member s outstanding balance in the following order: Regular Assessments Special Assessments Collection fees Fines No partial payments will waive the Association s right to pursue full payment and/or enforce its Bylaws, Declaration, and Rules and Regulations. This list is not exclusive. The per incident fines are as follows: Violation Fine Disturbing the peace $ 50 Pool/Spa violations $ 50 Glass containers at pool/spa areas $ 50 Children without Adult Supervision $ 50 Unit Occupancy violations $ 50 Disruption of cleaning staff prior to check-in $ 50 Trailers/Motor homes parking $ 75 Use of BBQ on unit decks $100 In-unit damage actual cost of repairs/replacement Excessive cleaning charges actual cost of repairs/replacement Pet related violation $400 Smoking in units the current annual maintenance fee for the unit type Smoking in common areas $300